RIGHT TO INFORMATION VIS A VIS NATIONAL SECURITY

Abstract

“The year 2023 marks 18 years of RTI Act; A long journey worth researching”.

RTI Act 2005 is the welfare legislation and one of the most progressive reforms in recent years, which enhance the ambit of Fundamental Rights available to citizens under Part III of the Indian Constitution. RTI Act is considered an advancement of the Right to freedom of speech and expression under Article 19(1)(a). Various judicial pronouncements held that Right under Article 19(1)(a) includes the Right to know where citizens can acquire information from public authorities. Democracy and RTI are interrelated, ensuring good governance, transparency, and government accountability towards its citizens. Previously Government was immune from answering its action. People electing democratic Government had no idea about policy matters, their progress, and implementation. That led to various instances of corruption, nepotism, and favouritism. Thus, the Right to know through RTI Act, 2005 is a tool in the hands of the citizens, which ensures “participatory democracy” and reasoned exercise of the Right to vote during elections.

However, RTI Act is not absolute, and there are certain exceptions where the public cannot obtain information. A few instances are Sec 8 information disclosure, which relates to India's sovereignty and integrity, etc. Sec 9, where information pertains to infringement of copyright subsisting in a person other than State, and Sec 24, which says the provisions of RTI Act will not apply to the intelligence and the security organizations.

Nevertheless, RTI has played a vital role in empowering citizens and increasing their active role in meaningful democracy.